City Council Agendas, Packets and Minutes

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Monday, August 19, 2024 Powell Conference room - City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call. 2. Adoption of the Agenda. 3. Visitors to be Heard. 4. Discuss options for City Council meeting times – City Manager John Prescott. 5. Briefing on the August 19, 2024 City Council Regular Meeting– Briefings are intended to be informational only and no deliberation or decision will occur on this item. 6. Executive Session per SDCL 1-25-2. 7. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Vermillion City Council: Jon Cole, Mayor Northwest Ward: Mike Murra, Gary Cheeseman Central Ward: Katherine Price, Lindsey Jennewein Northeast Ward: Julia Hellwege, Jay Thaler Southeast Ward: Rich Holland, Al Leber Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council 7:00 p.m. meetings are broadcast live on Cable Channel 3. Special City Council Meetings are not televised but open for attendance. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place.  City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Monday, August 19, 2024 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. August 5, 2024 Special Meeting; August 5, 2024 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard 6. Public Hearings a. First reading of Ordinance 1518 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.058 rezoning Lot 11, Block 6, Bliss Pointe Addition, City of Vermillion, Clay County, South Dakota from the Bliss Pointe Planned Development District Area D to the Bliss Pointe Planned Development District Area C. b. Community Development Block Grant for Wastewater Treatment Plant updates. 7. Old Business a. Second reading of Ordinance 1517 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District; Subsection (B) Conditional Uses removing some applicable standards from the Heavy Manufacturing Use and adding new subsection (D) Performance Standards. 8. New Business a. Resolution authorizing the submission of a CDBG application and designating a Certifying Officer and Environmental Certifying Officer. b. Resolution authorizing the purchase of a forklift for the Missouri Valley Recycling Center. 9. Bid Openings a. Lots at the corner of Market Street and Bloomingdale Streets (Lot 8 and 9, Block 17 Original Town). 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda a. Set a public hearing for August 26th, 2024 at noon for a Transfer of Retail on sale liquor license until December 31, 2024; Retail (on-off) Wine and Cinder until December 31, 2024; and retail (on-off) Malt Beverage & SD Farm Wine until June 30, 2025 to Cee Cee’s Hospitality Inc at 1 E Main Street from Red’s Steakhouse  b. Set a public hearing for September 3rd, 2024 for a Retail (On-off Sale) Wine and Cider license until December 31, 2024 and Retail (on-off) sale malt beverage with SD Farm Wine until June 30, 2025 for The W Social House LLC at 14 Market Street 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Vermillion City Council: Jon Cole, Mayor NORTHWEST WARD: Mike Murra, Gary Cheeseman CENTRAL WARD: Katherine Price, Lindsey Jennewein NORTHEAST WARD: Julia Hellwege, Jay Thaler SOUTHEAST WARD: Rich Holland, Al Leber Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place. Unapproved Minutes Council Special Session August 5, 2024 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, August 5, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Thaler, Leber, Price, Holland, Jennewein, Hellwege, Cheeseman, Mayor Cole Absent: Murra 2. Adoption of Agenda 270-24 Council Member Holland moved approval of the agenda. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Grow Vermillion campaign - Vermillion Area Chamber and Development President Jim Peterson Jim Peterson, VCDC Director, presented updated information on how Vermillion Now 3 was used and the outstanding balances. Jim reported on different projects that the Grow Vermillion campaign would fund. Discussion followed. 5. Vermillion River Hike and Bike Path updated – City Engineer Jose Dominguez Jose Dominguez, City Engineer, reported on the damage that the June floods caused to the bike path. Jose showed pictures and talked about what directions the bike path could go moving forward. Discussion followed. 6. Briefing on the August 5th, 2024 City Council Regular Meeting Council reviewed items on the agenda with City Staff. No action was taken. 7. Adjourn 271-24 Council Member Holland moved to adjourn the Council special session at 12:55 p.m. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 5th day of August, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Unapproved Minutes City Council Regular Session August 5, 2024 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on August 5, 2024 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Thaler, Leber, Price, Holland, Jennewein, Hellwege, Cheeseman, Mayor Cole Absent: Murra 2. Pledge of Allegiance 3. Minutes A. Minutes of July 15, 2024, Special Session and July 15, 2024, Regular Session 272-24 Council Member Jennewein moved approval of the July 15, 2024, special session and July 15, 2024 regular session minutes. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 273-24 Council Member Thaler moved approval of the agenda with the amendment to add an executive session per SDCL 1-25-2. Council Member Cheeseman seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard A. Certificate of Appreciation. Mayor Cole read the following: WHEREAS, during the June 2024 Vermillion River flooding, the City of Vermillion experienced a devasting hit to three sanitary sewage force mains; and WHEREAS, City Departments and Staff aided in remedying this situation and deserve special recognition and appreciation; and WHEREAS, the Wastewater Department put in extra hours in tough conditions and worked diligently to respond to the emergency and get a temporary solution built; and WHEREAS, the Water Department assisted Wastewater Staff in multiple aspects of the response and recovery from the disaster to accomplish their goals; and WHEREAS, the Street Department aided site preparation for the temporary solution to be built as well as aiding in the creation of a berm to protect vital infrastructure; and WHEREAS, the Parks and Recreation Department created a more workable and comfortable environment by fogging for mosquitos in the area; and WHEREAS, all City Departments could be listed for different ways in which they supported the emergency response but these are a few examples of some larger and more visible ways that demonstrate City Departments tirelessly working together to meet the needs of the community; and WHEREAS, it is appropriate to recognize the value and the accomplishments the City Departments and Staff made when responding to and implementing the temporary solution for the sewer mains. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, do hereby recognize the hard work and dedication of the employees to maintain and repair a vital, essential service for the City. Their tireless efforts, commitment, and expertise are invaluable to the community, and we extend our deepest gratitude to our City Departments and their Staff. Dated at Vermillion, South Dakota this 5th day of August 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Mayor Cole thanked everyone for their work and dedication to the city. 6. Public Hearings A. Special permit to exceed permissible noise levels by no more than 50% for the USD Department of Music on or about Sunday, September 22, 2024 from 1:00 p.m. to 5:00 p.m. for The Music is Alive Festival at the south side of Prentis Park. Ben Helleloid, Finance Office Intern, reported that the USD Music Department has applied for a special permit to exceed allowable noise levels for a music concert on or about Sunday, September 22, 2024 on the south side of Prentis Park from 1:00 p.m. to 5:00 p.m. Ben stated that a copy of the application, map of the area, and notice of hearing are included. Ben noted that the USD Music Department is sponsoring the free concert in the park. Ben stated that the concert includes performances by both USD and Vermillion High School. 274-24 Council Member Holland moved approval of the special permit to exceed permissible noise levels by no more than 50% for the USD Department of Music on or about Sunday, September 22, 2024 from 1:00 p.m. to 5:00 p.m. for The Music is Alive Festival on the south side of Prentis Park. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. First reading of Ordinance 1517 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District; Subsection (B) Conditional Uses removing some applicable standards from the Heavy Manufacturing Use and adding new subsection (D) Performance Standards. Nick Palmer, Engineering Intern, reported that on April 22nd, the Planning and Zoning Commission considered a conditional use application from Masaba, Inc. for the construction and operation of a heavy manufacturing plant to process steel at 1400 317th Street. The current regulation for heavy manufacturing uses within the Hi Heavy Industrial Zoning district calls for a half-mile distance between any heavy manufacturing use and any residential district. Due to this regulation, the new and existing facilities were in violation of the regulation. To ensure that more businesses did not violate the regulation, Staff were asked to propose new ideas to the Commission. Nick stated the proposal would amend some of the applicable standards on certain conditional uses in section 155.040 of the ordinance. Nick noted a new subsection would be added to the section. The new subsection will include the performance standards listed along with the definitions of each standard. The performance standards include the regulation of Appearance, Fire Hazard, Noise, Sewage and Liquid Waste, Air Contaminants, Odor, and Gases. The amendment will require the performance standards to be met by the developer in their initial facility plans before the Planning and Zoning Commission would consider a conditional use permit. Discussion followed on types of nuisance this is addressing and the repercussions. 275-24 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1517 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District; Subsection (B) Conditional Uses removing some applicable standards from the Heavy Manufacturing Use and adding new subsection (D) Performance Standards of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 5th day of August, 2024 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Leber. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. 7. Old Business - None 8. New Business A. Permit for the Consumption, but not the sale, of alcoholic beverages for the Vermillion Area Farmers Market “Local Fare at the Fair” event on Thursday, August 8, 2024 from 5:00 p.m. to 7:00 p.m. at the Clay County Fairgrounds in Clover Hall. Katie Redden, Finance Officer, reported that Grace Freeman, on behalf of the Vermillion Area Farmers Market, has requested a permit to consume alcoholic beverages on public property for sampling of local wine and beer at the “Local Fare at the Fair.” Katie noted that the “Local Fare at the Fair” event will be on Thursday, August 8th from 5:00 p.m. to 7:00 p.m. in Clover Hall. Katie noted that the City Council may permit the consumption, but not the sale, of alcoholic beverages on property owned by the public in which this is city property that is leased to Clay County for the fairgrounds. 276-24 Council Member Price moved approval of the Permit for the Consumption, but not the sale, of alcoholic beverages for the Vermillion Area Farmers Market “Local Fare at the Fair” event on Thursday, August 8, 2024 from 5:00 p.m. to 7:00 p.m. at the Clay County Fairgrounds in Clover Hall. Council Member Cheeseman seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Declare Blocks 1-5 in the Jack Powell Addition surplus. John Prescott, City Manager, presented a map depicting the Jack Powell Addition and the different lots to be sold. John stated the process for selling municipal-owned land is governed by SDCL 6-13. To proceed with the sale of Blocks 1-5, the following steps must be taken: the City Council must formally declare Blocks 1-5 as surplus property and have the site appraised. Any improvements on the lot need not be appraised. Once appraised the City can proceed with the sale process. John stated the City can either advertise for sealed bids or sell the property through public auction or a licensed real estate broker. The City also has the option to transfer the property to an economic development organization. If the City proceeds with sealed bids, it may reject any and all bids, but if it accepts a bid, it must be that of the highest bidder. If no bids are received, the property may be reappraised or sold at private sale for not less than 90% of the appraised value. 277-24 Council Member Holland moved approval to declare Blocks 1-5 in the Jack Powell Addition surplus. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Resolution approving a mutual aid agreement with the Minnesota Municipal Utilities Association. John Prescott, City Manager, reported the Minnesota Municipal Utilities Association (MMUA) is working to ensure all municipal electric utility members have a Mutual Aid Agreement with MMUA. With this, two documents are required: the Mutual Aid Agreement and the Resolution which are attached. John stated the Mutual Aid Agreement aligns the City/Vermillion Light & Power with other participating cities/utilities, serving as a mechanism to obtain emergency assistance. Having a Mutual Aid Agreement on file can help ensure that the City is eligible for federal funds in the event of a qualified emergency. The Federal Emergency Management Agency (FEMA) may not reimburse costs arising from a city, municipal utility, or cooperative assisting another city/utility/cooperative unless there is a prior, written agreement between the damaged party and the assisting party. Should the City assist another participating party, the Agreement clears the deck for reimbursement. 278-24 After reading the same once, Council Member Price moved adoption of the following: RESOLUTION APPROVING THE MUTUAL AID AGREEMENT WITH MMUA WHEREAS, the City of Vermillion, South Dakota, operates and maintains a municipal electric system utility; and WHEREAS, the City wishes to cooperate with other cities which own and operate utility systems and other publicly owned utility organizations (Publicly Owned Utilities); and WHEREAS, the City is a member of the Minnesota Municipal Utilities Association (MMUA) and MMUA has developed a program to encourage and foster mutual aid between and among Publicly Owned Utilities in the event of disasters and emergencies; and WHEREAS, the Federal Emergency Management Agency (FEMA) has established a rule which provides that FEMA will reimburse mutual aid costs for a particular disaster or emergency only if mutual aid participants have signed a written agreement prior that disaster or emergency; and WHEREAS, prudent and appropriate charges should be established from time to time which may be paid to the City for its provision of mutual aid services and which may be paid to other Publicly Owned Utilities which may provide mutual aid assistance to the City. NOW, THEREFORE BE IT RESOLVED, of the Governing Body of the City of Vermillion: 1. The Mayor is hereby authorized and directed to execute and deliver the MMUA Mutual Aid Agreement (attached hereto) and such other documents and agreements as may be necessary to implement the City’s participation in the MMUA Mutual Aid Program and to qualify for FEMA reimbursement of mutual aid costs. 2. The managing staff of the City’s utility system(s) shall establish reasonable rates for reimbursement of its labor and equipment costs as contemplated in FEMA rules and periodically revise such rates as necessary. 3. The City will provide mutual aid assistance to other Publicly Owned Utilities if management determines (a) that the reliability and performance of the City’s utility system(s) and the public health and safety of City residents and customers will not be materially and adversely affected, (b) the other Publicly Owned Utility has executed the MMUA Mutual Aid agreement (or an agreement substantially similar in form and content), and (c) the other Publicly Owned Utility has established rates for reimbursement of City’s labor and equipment costs which are reasonably comparable to those established by the City. Dated at Vermillion, South Dakota this 5th day of August 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer The motion was seconded by Council Member Leber. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. D. Presentation of the proposed 2025 budget. John Prescott, City Manager, reported that each year the City Staff prepares a proposed budget for the next fiscal year. John noted that the proposed budget document for 2025 is presented to the City Council tonight to provide the Council time to review the document prior to the budget meetings. John noted that the actual discussion and presentation of the respective departmental budgets will take place on Tuesday, August 13th and Wednesday, August 14th, 2024 in the Jack Powell Conference Room at City Hall starting at 5:30 p.m. each night. 9. Bid Openings A. Fuel Quotes. Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of FS New Century on Items 1, 2 and 3 and Brunick Service on Item 4. Item 1 - 4,350 gal. unleaded 10% ethanol: Brunick Service $3.00, FS New Century $2.71, Item 2 – 1,000 gal. unleaded regular: Brunick Service $3.35, FS New Century $3.08; Item 3 – 3,000 gal. No. 2 Diesel fuel dyed: Brunick Service $3.15, FS New Century $2.61; Item 4 - 1,000 gal. No. 2 diesel fuel-clear: Brunick Service $2.85, FS New Century $2.89. 279-24 Council Member Price moved approval of the low bid of FS New Century on Items 1, 2 and 3 and Brunick Service on Item 4. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 10. City Manager's Report A. John reported on upcoming City Board or Commission meetings. • Historic Preservation Commission – August 14 at 9:00 a.m. in the Powell Conference Room at City Hall B. John stated there are two Planning & Zoning Commission meetings coming up: • Open House at the Library on Tuesday, August 6, 2024 in the Kozak room. An opportunity to review a draft of the Comprehensive Plan for the Joint Jurisdictional zoning area. Next one on Tuesday, August 20, 2024 at Noon. • Have a regular monthly meeting on Monday, August 12, 2024 at 5:30 p.m. One item on the agenda is a petition to rezone Lot 11, Block 6 of Bliss Pointe Addition from Bliss Pointe PDD Area D to Bliss Pointe PDD Area C. A second item on the agenda is a CUP for a wireless communication facilities including cabinets and antennas to be placed on the existing monopole at 701 W. Cherry Street. C. John noted that the City Council meetings are replayed on Wednesday evenings at 7:00 p.m. following the Monday meeting. The recording does have better sound than the live broadcast. D. John stated the City is accepting sealed bids for the former Market Street water tower site. Bids are due by 2:00 p.m. on Thursday, August 14. Anticipate an award at the August 19, 2024 City Council meeting. E. John noted that at the August 19th City Council meeting it will include a public hearing as part of the application process for a CDBG award for the Wastewater Treatment Plant renovations. PAYROLL ADDITIONS AND CHANGES Ambulance: Keith Cowan $16.00/hr, $24.00/holiday hr; Golf Maintenance: Rawley Moore $14.00/hr; Water Distribution: Anthony Marshall $12.00/hr; Volunteer Firefighter: Cole Albaugh-Edgecomb 11. Invoices Payable 280-24 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 202.69 A & M SERVICES, INC UNIFORM CLEANING 260.72 ADVANTAGE ARCHIVES, LLC PROFESSIONAL SERVICES 2,295.25 ALLISON FARRAR REFUND RECREATION PROGRAM FEES 60.00 ALYSSA WALKER REFUND RECREATION PROGRAM FEES 57.00 AMAZON BUSINESS SUPPLIES/BOOKS/DVD 1,123.45 ANN GRUNEWALDT REFUND RECREATION PROGRAM FEES 50.00 A-OX WELDING SUPPLY CO CARBON DIOXIDE 3,780.65 AQUATIC INFORMATICS INC ANNUAL SUPPORT 1,469.00 AUTO VALUE PARTS 2,227.74 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 13,464.96 BARCO MUNICIPAL PRODUCTS SUPPLIES 256.25 BIERSCHBACH EQPT & SUPPLY SUPPLIES 167.16 BIG STATE INDUSTRIAL SUPPLY SUPPLIES 438.93 BLACKSTONE PUBLISHING BOOKS 171.49 BLUEPEAK TELEPHONE/INTERNET 5,094.63 BORDER STATES INDUSTRIES INC WIRE/CABLE 9,996.76 BOUND TREE MEDICAL, LLC SUPPLIES 1,755.90 BRUNICKS SERVICE INC PROPANE 100.00 BURNS & MCDONNELL PROFESSIONAL SERVICES 3,914.16 BUTLER MACHINERY CO. REPAIRS 3,151.74 CALLE ANGLIN REFUND RECREATION PROGRAM FEES 52.00 CANFIELD BUSINESS INTERIORS REPLACEMENT CYLINDERS 823.50 CANNON TECHNOLOGIES, INC WATER NODES 6,604.00 CAPITAL ONE SUPPLIES 2,589.14 CARLOS CLAUDIO REFUND RECREATION PROGRAM FEES 50.00 CASK & CORK MERCHANDISE 466.50 CAYLYN WAGNER REFUND RECREATION PROGRAM FEES 55.00 CENTURYLINK TELEPHONE 72.94 CHAMBERLAIN OIL CO OIL 126.40 CHRISTEN SMITH REFUND RECREATION PROGRAM FEES 52.00 CINTAS SUPPLIES 113.06 CITY OF VERMILLION POSTAGE/COPIES 1,080.72 CITY OF VERMILLION CITY UTILITY BILLS 42,868.86 CLAY-UNION ELECTRIC CORP REINTEGRATION 1,571.76 COFFEE KING ROASTING & SUPPLY CO MERCHANDISE 69.75 COLONIAL LIFE INSURANCE 2,761.14 CORE & MAIN LP FEMA-YELOMINE PIPE 26,748.00 CORE-MARK MIDCONTINENT, INC MERCHANDISE 10,935.05 CORNBELT UMPIRE ASSOCIATION UMPIRE FEES 2,300.00 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 1,432.00 CRYSTAL BRADY REIMBURSEMENT 69.99 CRYSTAL HEKRDLE REFUND RECREATION PROGRAM FEES 52.00 CYNDI ORDYNA REFUND RECREATION PROGRAM FEES 140.00 DAKOTA BEVERAGE MERCHANDISE 14,184.88 DAKOTA PC WAREHOUSE BATTERY BACKUP/SURGE UPS 253.96 DAKOTA SUPPLY GROUP METER 1,911.86 DANKO EMERGENCY EQUIPMENT CO COMPRESSOR MAINTENANCE 1,033.75 DEEP FOUNDATION GROUP LLC FEMA-TEMP WWTP BRIDGE 294,900.00 DEERE & COMPANY COMPACT UTILITY TRACTOR 73,576.33 DELTA DENTAL PLAN INSURANCE 6,937.00 DENNIS MARTENS MAINTENANCE 833.34 DIAMOND VOGEL PAINTS WHITE TRAFFIC PAINT 1,750.00 D-P TOOLS BATTERY CHARGER 57.12 DUBOIS CHEMICALS CHEMICALS 12,056.00 ECHO ELECTRIC SUPPLY SECURITY & ALARM CABLE 367.75 ED M. FELD EQPT CO SPECTACLE KIT ASSY 362.04 EFRAIMSON ELECTRIC, INC AUTOMATED WEATHER OBSERVING SYST 114,132.60 ELEVATE HEALTHCARE TRAINING MANIKIN 2,909.00 EMILY HEINE REFUND RECREATION PROGRAM FEES 50.00 EMMA LADWIG REFUND RECREATION PROGRAM FEES 140.00 EQUIPMENT MANAGEMENT COMPANY REGISTRATION 1,575.00 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,400.55 ERIN VOGEL REFUND RECREATION PROGRAM FEES 50.00 ES OPCO USA LLC MOSQUITO KONTROL 4,050.00 EUROFINS ENVIRONMENT TESTING NC TESTING 2,393.00 FAIRHOLM LEADERSHIP CONSULTING PROFESSIONAL SERVICES 250.00 FAITH JENKINS REFUND RECREATION PROGRAM FEES 50.00 FASTENAL COMPANY PARTS 53.05 FIRST BANK & TRUST-VISA TRAVEL/TRAINING/SUPPLIES 8,262.66 FLAGSHOOTER, INC PRINTED RED FLAGS 978.26 GALLS INCORPORATED FIRE SHIELD BADGES/UNIFORM 961.78 GINA MOCKLER REFUND RECREATION PROGRAM FEES 105.00 GLOBAL DIST. MERCHANDISE 214.46 GRAYMONT (WI) LLC CHEMICALS 6,115.10 GREGG PETERS FREIGHT 1,506.04 GREGG PETERS RENT 937.50 HAMILTON MEDICAL SERVICE CONTRACT 2,990.00 HAWKINS INC CHEMICALS 6,844.02 HD SUPPLY FOAM HANDWASH 74.16 HEEYOUNG CHOI REFUND RECREATION PROGRAM FEES 60.00 HEIMAN FIRE EQUIPMENT FIREFIGHTER GEAR 44,110.89 HILLYARD/SIOUX FALLS SAFETY GLASSES 15.96 HY VEE FOOD STORE EMPLOYEE LUNCHEON/SUPPLIES 1,461.49 IN CONTROL, INC ANNUAL CHARGE 200.00 INGRAM BOOKS 2,495.07 JACKS UNIFORM & EQPT UNIFORM 72.65 JAY ELLEDGE EXAM & MEALS REIMBURSEMENT 163.50 JAY'S PLUMBING REPAIRS 81.60 JED DROGE REFUND RECREATION PROGRAM FEES 55.00 JENNY HANSON REFUND RECREATION PROGRAM FEES 52.00 JIM GOBLIRSCH CONCESSIONS REIMBURSEMENT 125.27 JOHN A CONKLING DIST. MERCHANDISE 5,963.05 JOHNSON BROTHERS OF SD MERCHANDISE 16,500.70 JON SCHEMMEL REFUND RECREATION PROGRAM FEES 55.00 JONES FOOD CENTER SUPPLIES 143.81 KAIA BROSE MILEAGE REIMBURSEMENT 28.05 KALINS INDOOR COMFORT HEAT PUMP/AIR HANDLER 15,303.00 KATIE CARTER REFUND RECREATION PROGRAM FEES 57.00 KATIE MCPHERSON REFUND RECREATION PROGRAM FEES 55.00 KELLY GREEN REFUND RECREATION PROGRAM FEES 67.00 KIM TURNER REFUND RECREATION PROGRAM FEES 85.00 KNIFE RIVER MIDWEST, LLC ASPHALT 2,635.05 KRISTIN SCHMELING REFUND RECREATION PROGRAM FEES 107.00 LAURA HAGEMANN REFUND RECREATION PROGRAM FEES 47.00 LAYNES WORLD SUPPLIES 115.48 LEA HALL REFUND RECREATION PROGRAM FEES 60.00 LEISURE LAWNS, LLC FERTILIZER/INSECTICIDE 89.25 LISA TERWILLIGER REFUND RECREATION PROGRAM FEES 70.00 LOFFLER COPIER CONTRACT 272.98 MATHESON TRI-GAS, INC CYLINDER RENTAL 558.35 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 289.87 MICHAELA ROBINSON COLONIAL REFUND 25.74 MICHELLE DENNIS USD DISTRICT NOMINATION PROJECT 500.00 MIDWEST ALARM CO ALARM MONITORING 323.12 MIDWEST TURF & IRRIGATION PARTS 1,748.48 MIDWEST WHEEL COMPANIES PARTS 214.58 MINN MUNICIPAL UTILITY ASSOCIATION SAFETY MGMT PROGRAM 8,405.00 MISSOURI RIVER ENERGY SERVICES INFRARED INSPECTION/OIL SAMPLING 11,423.10 MISTER SMITH'S SANDWICHES 21.47 MOLLY RADIGAN REFUND RECREATION PROGRAM FEES 60.00 MR. GOLF CAR, INC CHARGER/REPAIRS 662.00 NAOMI KOCER REFUND RECREATION PROGRAM FEES 60.00 NBS CALIBRATIONS CALIBRATION/BALANCING 370.00 NCL OF WISCONSIN, INC TESTING 1,239.67 NETSYS+ PROFESSIONAL SERVICES 614.75 NICK MERRIGAN BUSHELS OF CORN 1,575.00 NICOLE AUGUSTINE REFUND RECREATION PROGRAM FEES 55.00 ODEYS INC INFIELD TOPDRESSING 793.00 O'REILLY AUTO PARTS PARTS 450.74 OVERHEAD DOOR OF SIOUX CITY REPAIRS 297.36 PCC, INC COMMISSION 7,870.42 PEPSI COLA OF SIOUXLAND MERCHANDISE 3,878.86 PHIL WIEBELHAUS SAFETY BOOTS REIMBURSEMENT 114.99 PING/KARSTEN MFG CORP MERCHANDISE 1,111.60 PIZZA RANCH 20 PC CHICKEN BOX/PIZZA/BUFFETS 340.10 PLAIN TALK PUBLISHERS SUBSCRIPTION 104.14 PRESSING MATTERS SUPPLIES 709.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 76.57 QUILL SUPPLIES 455.69 REDI TOWING TOWING 540.00 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE 8,369.75 RUNNING SUPPLY, LLC SUPPLIES 1,321.38 SANDY BOOKER REFUND RECREATION PROGRAM FEES 60.00 SANFORD HEALTH SUPPLIES 72.61 SANFORD HEALTH OCCUPATIONAL MED TESTING 399.00 SANITATION PRODUCTS INC PARTS 2,365.32 SARA ROHDE REFUND RECREATION PROGRAM FEES 52.00 SARAH BANKS REFUND RECREATION PROGRAM FEES 55.00 SAVANNAH KLEIN REFUND RECREATION PROGRAM FEES 47.00 SD PUBLIC ASSURANCE ALLIANCE PROPERTY COVERAGE 243.05 SD PUBLIC HEALTH LABORATORY TESTING 1,265.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 68,734.78 SD SECRETARY OF STATE NOTARY FILING FEE-A. LARSEN 30.00 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,742.74 SHANE O'CONNOR REFUND RECREATION PROGRAM FEES 47.00 SHANNA FORMISANO REFUND RECREATION PROGRAM FEES 70.00 SHASTA FORD REFUND RECREATION PROGRAM FEES 50.00 SIERRA CARGILL REFUND RECREATION PROGRAM FEES 47.00 SOUTH DAKOTA 811 SD LOCATES 709.80 SOUTH DAKOTA VFW BASEBALL HOSTING FEE 200.00 SOUTHEAST SOFTBALL ASSOC LEAGUE/TOURNAMENT FEE 140.00 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,234.76 STAPLES BUSINESS CREDIT SUPPLIES 1,731.87 STOCKTON TOWING INC TOWING 450.00 SYDNEY DAVIS REFUND RECREATION PROGRAM FEES 50.00 TAWANA WALKER REFUND RECREATION PROGRAM FEES 70.00 THE LUMBERYARD LLC ROOFING FELT 149.95 THE UPS STORE #6751 SHIPPING 20.72 THREAD & INK JACKETS/VEST/SHIRTS 1,008.10 TITLEIST-ACUSHNET COMPANY MERCHANDISE 278.02 TOM MERRIGAN BUSHELS OF CORN 1,575.00 TRACTOR SUPPLY CREDIT PLAN BELT 43.99 TRISHA FISHER REFUND RECREATION PROGRAM FEES 70.00 TRUCK TRAILER SALES & SERVICE, INC PARTS 808.16 TWO WAY SOLUTIONS BATTERIES 545.84 TYLER BROWN REFUND RECREATION PROGRAM FEES 50.00 TYLER TECHNOLOGIES A/R MIGRATION 720.00 UNITED WAY CONTRIBUTIONS 408.00 UNUM LIFE INSURANCE COMPANY INSURANCE 1,032.39 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,450.00 UTILITY ASSOCIATES INC ALTERATIONS 66.00 UTILITY EQUIPMENT CO. CERTA-LOCK PIPE 18,035.97 VALIANT VINEYARDS MERCHANDISE 552.30 VAN DIEST SUPPLY CO SUPPLIES 267.00 VERATHON, INC AMBULANCE EQUIPMENT 2,353.00 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 3,879.31 VERMILLION ACE HARDWARE SUPPLIES/PARTS 3,380.81 VERMILLION BASEBALL ASSOCIATION TOURNAMENT UMPIRES/PITCH COUNTER 600.00 VCDC VERMILLION BUCKS 100.00 VERMILLION GARBAGE SERVICE MONTHLY HAULING 1,763.80 VERMILLION ROTARY CLUB DUES/MEALS 401.50 WESCO DISTRIBUTION, INC SUPPLIES 408.00 WH OVER MUSEUM CONTRIBUTIONS 8,000.00 WHITE CAP SUPPLIES 3,299.63 YANKTON MOTORSPORTS LLC PARTS 430.49 Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - none 13. Executive Session Per SDCL 1-25-2 281-24 Council Member Price moved to go into executive session at 7:34 p.m. per SDCL 1-25-2. Council Member Holland seconded the motion. Vote 8 to 0 Mayor Cole declared the council out of executive session at 8:26 p.m. Council Member Murra arrived 7:40 p.m. 14. Adjourn 282-24 Council Member Murra moved to adjourn the Council Meeting at 8:26 p.m. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 5th day of August, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E. Redden, Finance Officer Published once at the approximate cost of ___________.  6. Public Hearing; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: August 19, 2024 Subject: First reading of Ordinance 1518 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.058 rezoning Lot 11, Block 6, Bliss Pointe Addition, City of Vermillion, Clay County, South Dakota from the Bliss Pointe Planned Development District Area D to the Bliss Pointe Planned Development District Area C Presenter: Jack Baustian, Assistant to the City Manager Background: In 2013, the Vermillion Area Chamber and Development Company (VCDC) led a drive to create the Bliss Pointe Planned Development District (Bliss Pointe). The need for creating Bliss Pointe came about due to a shortage of housing in the community. The VCDC purchased approximately 30 acres to provide housing options. For ease of construction, Bliss Pointe was divided into two phases. The first phase consisted of all the ‘bluff’ lots, the cul-de-sac, and other internal lots. At the time, the idea was to use the development of phase one to fund the second phase, which would consist of higher-density residential development. Almost all of Phase One has been developed, and construction of houses is well underway in Phase Two. The rezone requested by the VCDC would move a parcel of land originally intended for commercial uses to an area designated for residential uses within the Bliss Pointe PDD. The City provided the VCDC with information to contact the owners of 30 properties. These 30 properties covered 698,470 square feet. For the meeting to occur, the VCDC had to collect signatures from the owners of at least 314,312 square feet, or 45% of the aggregate area. The VCDC collected signatures from 19 property owners who owned 540,872 square feet. After the VCDC gathered the required number of signatures for the meeting to occur, the City published a notice in the Plain Talk advertising today’s meeting. Additionally, the City posted signs on the property and mailed notices to owners within 250 feet of the affected property.  6. Public Hearing; item a Discussion: One of the original intents of Bliss Pointe was to increase the housing stock in the community and offer a buffer of light commercial uses from the corner of West Main and Stanford Streets. The original plan would have allowed a mix of residential uses ranging from single-family detached dwellings to multi-family dwelling complexes. In 2021 several organizations in the community started the process to complete a Citywide housing study. The results of the study were made public in 2022. One of the items discussed in the study is the need for additional housing. The requested rezone would move the parcel from Area D to Area C within the Bliss Pointe PDD. Area D functions as a light commercial area within Bliss Pointe PDD that buffers the residential land uses from the adjacent GB General Business zoning district. On the other hand, Area C functions as a low to medium residential area that allows as permitted uses single-family detached and attached homes. For reference, the 2nd phase of Bliss Pointe is all within Area C. This item was considered at the August 12th Planning and Zoning Commission meeting. There were two individuals from the public at the meeting, and neither voiced any comments. After a very brief discussion, the Commission recommended 8-0 that the City Council adopt the rezoning as proposed. Financial Consideration: The only cost for the City will be publication of the ordinance. The rezoning fee has been paid by the applicant. Conclusion/Recommendations: Staff and the Planning and Zoning Commission recommend the City Council advance the ordinance amendment for consideration at a 2nd reading at the September 3, 2024 meeting.  Stanford St. Bliss Pointe, Area C al Re sid en ti R-3 Rockwell Trail Bliss Pointe, Area B al nti Bliss Pointe, Area D sid e Re R-2 Area being considered for rezone GB General Business  PROPOSED ORDINANCE 1518 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE TITLE XV; LAND USAGE; CHAPTER 155 ZONING REGULATIONS; SECTION 155.058 REZONING LOT 11, BLOCK 6, BLISS POINTE ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE BLISS POINTE PLANNED DEVELOPMENT DISTRICT AREA D TO THE BLISS POINTE PLANNED DEVELOPMENT DISTRICT AREA C. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Section 155.026, Adoption of Official Zoning Map, be amended as follows: Rezoning Lot 11, Block 6, Bliss Pointe Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the Bliss Pointe Planned Developoment District Area D and included in the Bliss Pointe Planned Development District Area C. Dated at Vermillion, South Dakota this 3rd day of September, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: August 19, 2024 Second Reading: September 3, 2024 Published: September 13, 2024 Effective: October 3, 2024  6. Public Hearing; item b Council Agenda Memo From: John Prescott, City Manager Meeting: August 19, 2024 Subject: Application for Community Development Block Grant funding for Wastewater facility improvements Presenter: John Prescott and Sophie Johnson, SECOG Background: The City Council has taken several steps to prepare for the renovation project at the Wastewater Treatment Plant facility. The Wastewater Facility improvements will include demolition and rebuilding of the pretreatment building and replacing the equipment, replacing the pump gallery, updating the hydraulic profile, general building updates, and replacing SCADA (supervisory control and data acquisition). A Facility Plan for wastewater treatment improvements was presented to the City Council at a meeting late last year. The project was placed on the Department of Agriculture and Natural Resources State Water Plan which provides eligibility for grants and loans. The City applied for and was awarded a State Revolving Fund (SRF) loan of up to $23.1 million. The loan would be repaid at 3.25% interest over the course of 30 years. As the renovation project has an estimated cost of $23 million including engineering, the City researched grant funding to reduce the burden on rates. The City was successful in securing a $5 million grant from EDA. Discussion: City staff continues to work to identify grant funding to reduce the loan amount that must be repaid by wastewater rates. The Governor’s Office of Economic Development (GOED) administers the Community Development Block Grant (CDBG) program for the state. CDBG awards come from federal Housing and Urban Development funds provided to states for community improvements that will benefit low- and moderate- income individuals. Vermillion automatically qualifies for CDBG funding based on community data. In 2023, GOED raised the maximum CDBG award to $2 million. SECOG has been assisting the City with the CDBG application process. The timeline for the project is to have the CDBG application submitted by October 1 with GOED  6. Public Hearing; item b consideration during the 4th quarter of 2024. The renovation project is currently in the engineering stages. It is anticipated that the work will be placed out for bid in May 2025. The work would take approximately 24 months to complete. The estimated project costs are as follows: Construction $19,976,000 Engineering $3,124,000 Legal & Administration $20,000 Grant Administration $20,000 Total $23,140,000 A requirement of the CDBG application process is to conduct a public hearing to explain the project and complete a Community Development and Housing Needs Assessment with a public input component. The project was explained in the previous section. Following any public input on the project, the City Council needs to develop a Community Development & Housing Needs Assessment. A draft document to start this discussion is attached. Financial Consideration: The cost at this point is the advertising fee for the notice of public hearing. Conclusion/Recommendations: The public hearing is an opportunity to explain the financing of the project and accept public input with no action required of the City Council. Under New Business is a resolution authorizing the application for financial assistance for the project and authorizing a project certifying officer.  COMMUNITY DEVELOPMENT AND HOUSING NEEDS OF LOW- AND MODERATE-INCOME PERSONS 1. The City and VCDC completed a housing study in June 2022. Continue to address the variety and diversity of housing needs identified in this study. 2. Continue to pursue grant and loan funding from SDHDA and other sources as well as utilize TIF funding to provide the infrastructure needed to facilitate housing construction. 3. Pursue grants and low-interest loans to assist with rehabilitation of existing housing stock. 4. Continue with the rental housing registration and inspection program along with continued improvements in the ordinance to enhance housing opportunities. 5. The City Council created the Vermillion Housing Authority to operate as a separate entity to provide rental housing assistance for low to moderate income persons in the community. The City provides office space and some financial assistance to the Housing Authority. 6. The City has adopted the 2018 International Building Code, 2018 International Residential Code, and 2018 International Property Maintenance Code to provide for proper housing construction and ongoing maintenance of the property. 7. The City and County have adopted a Joint Jurisdictional ordinance for the immediate area outside of City limits. The ordinance provides for a variety of housing classifications appropriate for low to moderate income persons. An update of the document is in process. 8. The City and County Planning and Zoning Commissions recently completed a survey of the Joint Jurisdictional Zoning Area to address needs in this area including housing. OTHER COMMUNITY DEVELOPMENT AND HOUSING NEEDS 1. Continue the commitment to the water treatment system improvements to provide the needed quality water supply for current and future customers. This will include investments in the water treatment plant and distribution system. 2. Continue the commitment to the wastewater treatment system improvements to provide for the sanitary sewer treatment needs of the current and future customers. This includes completion of the Tom Street lift station replacement to meet the growth in the area served by this facility and extension of service lines. 3. Continue the commitment to the electric system to maintain high quality and reliable electric service to current and future customers. The City, in conjunction with Missouri River Energy Services, offers rebates for energy efficient equipment and appliances. 4. Continue to upgrade and extend the hike / bike path system. 5. Continue the improvements and expansion of the park system and offerings for the enjoyment of all citizens. 6. A quality street system that is maintained and replaced as needed to provide for all types of transportation needs and land for development.  PLANNED OR POTENTIAL ACTIVITIES TO ADDRESS HOUSING AND COMMUNITY NEEDS 1. Continue the partnership with the Vermillion Area Chamber and Development Company (VCDC) to encourage industrial development in Vermillion. The City has made contributions and pledged additional funds to Vermillion Now! to provide a pool of economic development funds as another tool to assist development in the community. 2. Continue to work with the VCDC on the Bliss Pointe development and future projects to provide building sites for single and multi-family housing. 3. Continue to work with developers and builders to facilitate needed infrastructure as property is developed. 4. Partner with the Vermillion Public School District to convert the Jolley School site into housing and park ground. 5. Develop the Jack Powell Addition for a variety of housing types and parkland. 6. Continue to identify and replace lead and galvanized service lines as required by the EPA lead and copper rule. This document is a draft for discussion purposes to start the conversation.  7. Old Business; item a Council Agenda Memo From: Nick Palmer, Planning and Zoning Intern Meeting: August 19, 2024 Subject: Second reading of Ordinance 1517 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District; Subsection (B) Conditional Uses removing some applicable standards from the Heavy Manufacturing Use and adding new subsection (D) Performance Standards Presenter: Nick Palmer Background: On April 22nd, the Planning and Zoning Commission (Commission) considered a conditional use application from Masaba Inc. for the construction and operation of a heavy manufacturing plant to process steel at 1400 317th Street. The current regulation for heavy manufacturing uses within the HI Heavy Industrial Zoning district calls for a half-mile distance between any heavy manufacturing use and any residential district. Due to this regulation, the new and existing facilities were in violation of the regulation. To ensure that more businesses did not violate the regulation, Staff were asked to propose new ideas to the Commission. The Commission and Staff found this to be an arbitrary regulation as it allows for no further development of heavy manufacturing uses in the current HI zoning. Discussion: The proposal would amend some of the applicable standards on certain conditional uses in section 155.040 of the ordinance. Additionally, a new subsection would be added to the section. The new subsection will include the performance standards listed along with the definitions of each standard. The performance standards include the regulation of Appearance, Fire Hazard, Noise, Sewage and Liquid Waste, Air Contaminants, Odor, and Gases. The amendment will require the performance standards to be met by the developer in their initial facility plans before the Planning and Zoning Commission would consider a conditional use permit. Definitions for the performance standards were derived from the municipalities of Pierre, SD, Madison, SD, and input from staff that was found to be applicable. Staff proposes that the performance standards apply to all conditional uses within the HI district. This will minimize any disturbance to residential districts from conditional uses.  7. Old Business; item a Many of the conditional uses within this district already have regulations that would fall under the definition of a performance standard. These regulations would be removed from specific uses and be applied through performance standards. The City’s Planning and Zoning Commission considered the amendment at their July 22nd meeting. The Commission had no comments on the ordinance as there had been three informational presentations prior to the meeting. This was a public hearing but no individuals from the public were present. After the presentation of the amendment, the Commission recommended 6-0 to adopt the proposed amendment. The first reading of the ordinance was held on August 5th. At the meeting, the City Council asked several questions regarding the proposed performance standards. After discussion, the City Council voted 8-0 to move the ordinance for further consideration at the second reading. No changes have been made to the ordinance since the first reading. Financial Consideration: The only cost for the City will be the publishing of the ordinance. Conclusion/Recommendations: Staff and the Planning and Zoning Commission recommend the City Council adopt the ordinance as presented. A roll call vote is required with the second reading of an ordinance.  ORDINANCE 1517 AN ORDINANCE TO AMEND TITLE XV, LAND USAGE; CHAPTER 155 ZONING REGULATIONS; SECTION 155.040 HI HEAVY INDUSTRIAL DISTRICT, SUBSECTION (B) CONDITIONAL USES, REMOVING SOME APPLICABLE STANDARDS FROM THE HEAVY MANUFACTURING USE, THE DISTILLATION OF PRODUCTS USE, THE REFINING USE, THE TANK FARM USE, THE GRAIN TERMINAL USE, AND THE JUNKYARD USE; ADDING NEW SUBSECTION (D) PERFORMANCE STANDARDS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District, (B) Conditional Uses, be amended by removing some applicable standards from the Heavy Manufacturing use, the Distillation of Products use, the Refining use, the Tank Farm use, the Grain Terminal use, and the Junkyard use; additionally, a new subsection (D) Performance Standards will be added to the section. All other portions of Section 155.040 will remain as they are. Following is the amendment: § 155.040 HI HEAVY INDUSTRIAL DISTRICT. (B) Conditional Uses Conditional Uses Applicable Standards Heavy Manufacturing Traffic to and from the facility will not travel on residential streets. Ready-mix concrete plant will not be considered as a conditional use. §§ 155.070, 155.073, 155.077, 155.095(A) Distillation of Products Traffic to and from the facility will not travel on residential streets. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Refining Traffic to and from the facility will not travel on residential streets. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Tank Farm Compliance with the city’s fire and health code, traffic to and from the facility will not travel on residential streets. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Grain Terminal Traffic to and from the facility will not travel on residential streets. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Junkyard Being sited off the main thoroughfares of the city. The owner shall agree to control rodents as a condition of the permit.  §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) (D) Performance Standards. All conditional uses within this section shall meet the following performance standards prior to consideration by the Planning and Zoning Commission: (1) Appearance. Junk, salvage, auto wrecking, and similar operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight- obscuring fence in good repair. (2) Fire Hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the standards of the National Board of Fire Underwriters, National Fire Protection Association, and any additional regulations of the city. (3) Noise. All noise and noise-causing activities shall be muffled so that they will not create a disturbance greater than normal peak-hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest to the industry. (4) Sewage and Liquid Waste. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. Any liquid wastes which create heavy loading on the city treatment plant will be subject to treatment by the owner, before being discharged into the city sewer system or by other agreement with the City Council. (5) Air Contaminants. Air contaminants and smoke shall be less dark than designated number 2 on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as number 2 shall be permitted for one 4-minute period in each one-half hour. Light-colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted. Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit. Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number  of persons or the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property. (6) Odor. Odor-causing operations shall be controlled to reduce the escape of odors to the minimum practical within the limits of technology and economics. (7) Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed 5 parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed 5 parts per million. All measurements shall be made at the zoning lot line. (8) Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby zoning lots. Dated at Vermillion, South Dakota this 19th day of August, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: August 5, 2024 Second Reading: August 19, 2024 Published: August 30, 2024 Effective: September 20, 2024  8. New Business; item a Council Agenda Memo From: John Prescott, City Manager Meeting: August 19, 2024 Subject: Resolution authorizing the submission of a Community Development Block Grant application and designating a Certifying Officer and Environmental Certifying Officer Presenter: John Prescott and Sophie Johnson, SECOG Background: There is a public hearing earlier on the agenda as part of the process of applying for a Community Development Block Grant (CDBG) award. The public hearing is for the application of CDBG funds for the City’s Wastewater Treatment facility. The Governor's Office of Economic Development (GOED) administers the CDBG program for South Dakota. GOED works in partnership with the planning districts to distribute the CDBG funds. Our planning district, SECOG, would administer the grant and is reimbursed through the CDBG award for their services. Discussion: As CDBG awards originated as federal funds, the City Council is asked to consider and approve several items related to the use of federal funds. A separate document does not need to be approved for each CDBG application. The City must be able to demonstrate that the most recent version of the document has been adopted as part of a CDBG application. No updates to these documents are currently needed. A Resolution is attached authorizing a CDBG Project Certifying Officer and Environmental Certifying Officer. The Resolution proposes that the Mayor would sign grant agreements, contracts, correspondence, pay requests, and other documents. The Mayor has performed these functions for previous CDBG awards received by the City. Authorizing the Mayor to sign contracts does not preclude contracts from being brought before the City Council for approval. The City Manager is outlined as a certifying officers in the event of the Mayor’s absence. Financial Consideration: There is no direct cost for the adoption of this resolution. Conclusion/Recommendations: Administration recommends adoption of the attached resolution.  RESOLUTION FOR COMMUNITY DEVELOPMENT BLOCK GRANT SPONSORSHIP AND PROJECT CERTIFYING AND ENVIRONMENTAL CERTIFYING OFFICER WHEREAS, the City of Vermillion has identified the need for infrastructure improvements to its Wastewater Treatment Facility; and WHEREAS, financial assistance will be necessary to enable the City to construct the project; and WHEREAS, the City of Vermillion wishes to request assistance from the Community Development Block Grant Program of the South Dakota Governor’s Office of Economic Development; and WHEREAS, the City is required to designate a Project Certifying Officer for the purpose of signing required documents pertaining to the grant; and WHEREAS, the City is required to designate an Environmental Certifying Officer for the purpose of signing required environmental documents pertaining to the grant. NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion that: 1. The City of Vermillion hereby authorizes the filing of the Community Development Block Grant application with the South Dakota Governor’s Office of Economic Development, including all understandings and assurances contained therein. 2. Be it further resolved that the City of Vermillion hereby authorizes its City Manager to act as project Certifying Officer and Environmental Certifying Officer in connection with the application and other required forms and to provide such additional information as may be required by the South Dakota Governor’s Office of Economic Development. In the City Manager’s absence, the Mayor is authorized to act as the Project Certifying Officer and Environmental Certifying Officer in connection with the application and other required forms and to provide additional information as may be required by the South Dakota Governor’s Office of Economic Development. Dated at Vermillion, South Dakota this 19th day of August, 2024. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________________ Jonathan D. Cole, Mayor ATTEST: By ______________________________ Katie E. Redden, Finance Officer  8. New Business; item b Council Agenda Memo From: José Domínguez, City Engineer Meeting: August 19, 2024 Subject: Resolution Authorizing the Purchase of a Forklift for the Missouri Valley Recycling Center Presenter: Jack Baustian, Assistant to the City Manager Background: At the August 2023 budget sessions, the City Council reviewed the recycling center’s equipment replacement schedule. The approved 2024 budget allocates $55,000 to replace the Missouri Valley Recycling Center forklift and drop-off trailer. The drop-off trailer has not yet been purchased. Discussion: Administration would like to take advantage of an attractive Sourcewell bid. Sourcewell has a bid from Mitsubishi that includes forklifts. The participating distributor in the area is Herc-U-Lift, from Maple Plain, MN. Herc- U-Lift will honor the Sourcewell price of $48,341 for a new Mitsubishi FGC25N6 forklift. Additionally, the City would be trading in the existing 2003 Mitsubishi FGC25K forklift valued at $1,000. The net trade-in value would bring the cost of the new forklift down to $47,341. Financial Consideration: The Joint Powers fund for the Missouri Valley Recycling Center includes funds for the purchase of the new forklift. Conclusion/Recommendations: Administration recommends approving the Resolution to purchase a Mitsubishi FGC25N6 forklift from Herc-U-Lift, Maple Plain, MN, for $47,341 after trade-in.  RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE MISSOURI VALLEY RECYCLING CENTER WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by Sourcewell to Mitsubishi, Inc. for a Mitsubishi FGC25N6 forklift for a price of $48,341 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Herc-U-Lift, of Maple Plain, Minnesota and they have agreed to allow the City to purchase one forklift for the awarded price and terms as they have contracted with Sourcewell; and WHEREAS, the bid offered by Herc-U-Lift, Maple Plain, MN, also includes a trade-in value for the City’s 2003 Mitsubishi FGC25K of $1,000. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota that the City Manager or the City’s Finance Officer is hereby authorized to purchase a new Mitsubishi FGC25N6 forklift from Herc-U-Lift, Maple Plain, Minnesota for a net price of $47,341 after trade-in. Dated at Vermillion, South Dakota this 19th day of August, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By Jonathan D. Cole, Mayor ATTEST: By Katie E. Redden, Finance Officer  9. Bid Openings; item a Council Agenda Memo From: Alex Ruth, Administrative Intern Meeting: August 19, 2024 Subject: Purchase Offer on Market Street Lots Presenter: John Prescott, City Manager Background: On May 20, 2024, Lots 8 and 9, Block 23, Original Town were declared surplus property. These lots served as the site of a City water tower from 1912 until its removal in 2015. Since the water tower’s removal, these lots have remained vacant. The City no longer requires this land for municipal infrastructure or utility purposes. Discussion: The process for selling municipal-owned land is governed by SDCL 6-13. To proceed with the sale of Lots 8 and 9, Block 23, Original Town, the following steps were taken: the City Council formally declared Lots 8 and 9, Block 23, Original Town as surplus property and had the site appraised. The lots were declared surplus property on May 20, 2024, and the site was appraised on May 20, 2024. The Surplus Property Committee appraised Lots 8 and 9, Block 23, Original Town at $33,000. The City advertised for sealed bids to sell the property. With the sealed bid process, the City may reject any and all bids, but if a bid is accepted, it must be that of the highest bidder. If no bids are received, the property may be reappraised or sold at private sale for not less than 90% of the appraised value. The collection period for sealed bids concluded on August 14, 2024, at 2:00 p.m. There were no bids submitted. The City would like to proceed with a private sale at no less than 90% of the appraised value. Financial Considerations: The money from the land sale will be placed in the water fund. Conclusion/Recommendations: Administration recommends that the City Council authorize Staff to proceed with the sale of Lots 8 and 9, Block 23, Original Town without further publication, pursuant to SDCL §6-13-5, with any proposed sale brought before the City Council for approval.  CITY OF VERMILLION INVOICES PAYABLE-AUGUST 19, 2024 1 A & B BUSINESS, INC COPIER CONTRACT 209.46 2 A & M SERVICES, INC UNIFORM CLEANING 128.00 3 AIRSIDE SOLUTIONS, INC PARTS 352.98 4 AMAZON BUSINESS SUPPLIES 730.03 5 AMERICAN LEGAL PUBLISHING CORPORATION INTERNET RENEWAL 425.00 6 AMERIFLEX BASE/ADMIN FEES 171.85 7 AT&T MOBILITY AIRCARDS 86.32 8 AUTO VALUE DEF FLUID/BATTERY/PARTS 784.12 9 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 102,954.55 10 BIERSCHBACH EQPT & SUPPLY PARTS 1,293.28 11 BOUND TREE MEDICAL, LLC SUPPLIES 2,543.89 12 BROADCASTER PRESS ADVERTISING 1,668.36 13 BRUNICKS SERVICE INC PROPANE 100.00 14 BUTLER MACHINERY CO. REPAIRS 16,218.76 15 CASK & CORK MERCHANDISE 417.00 16 CENTURYLINK TELEPHONE 557.25 17 CINTAS SUPPLIES 149.03 18 CITY OF VERMILLION LANDFILL VOUCHERS 699.55 19 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,941.82 20 CMOORE PIT SERVICE PORTA-POT RENTALS 750.00 21 COAST TO COAST SOLUTIONS WINTER HOLIDAY COLORING SHEETS 300.64 22 CORE & MAIN LP DYE TABLETS 154.07 23 CORELINE PIPE REPAIRS/WWTF 52,168.46 24 CORE-MARK MIDCONTINENT, INC MERCHANDISE 7,415.30 25 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 4,816.50 26 CROUCH RECREATION TABLE W/ SEATS 1,133.00 27 D & G CONSTRUCTION JACK POWELL DEVELOPMENT 296,564.39 28 DAKOTA BEVERAGE MERCHANDISE 9,535.50 29 DAKOTA MAINSTEM DUES 1,938.22 30 DAKOTA PUMP & CONTROL CO. REPAIRS 3,150.01 31 DAKOTA RIGGERS & TOOL SUPPLY INSPECTION 300.00 32 DAKOTA SUPPLY GROUP TRANSFORMERS 117,982.80 33 DAKOTA TRAFFIC SERVICES LLC CHIP SEALING 23,643.50 34 DEMCO SUPPLIES 392.09 35 DEPT. ENVIRONMENT NATL RESOURCES FEES 4,527.00 36 DREW GORTMAKER MEALS REIMBURSEMENT 32.00 37 DUBOIS CHEMICALS SODA ASH 12,056.00 38 ECHO ELECTRIC SUPPLY BATTERIES 156.96 39 EUROFINS ENVIRONMENT TESTING TESTING 2,801.00 40 FARMERS MUTUAL REFUND AMBULANCE OVERPAYMENT 14.00 41 FASTENAL COMPANY SUPPLIES 140.10 42 FEDEX. SHIPPING 18.07 43 GALLS INCORPORATED WORK CLOTHES 253.75 44 GEAR FOR SPORTS MERCHANDISE 1,657.36 45 GEOTEK ENGINEERING JACK POWELL DEVELOPMENT 2,760.00 46 GLOBAL DIST. MERCHANDISE 160.05 47 GRAYMONT (WI) LLC CHEMICALS 6,034.00 48 GREGG PETERS MANAGERS FEE 6,000.00 49 HARDING GLASS OVERHEAD CLOSER 107.50 50 HAUGER LAWN SERVICE MOWING/WEEDS 164.00 51 HAWKINS INC CHEMICALS 4,725.24 52 HELMS & ASSOCIATES AIRPORT-AWOS III 12,907.62 53 HY VEE FOOD STORE SUPPLIES 645.27 54 IMPERIAL SUPPLIES LLC SUPPLIES 265.33 55 INGRAM BOOKS 1,964.69 56 ISTATE TRUCK CENTER SENSOR 35.78 57 JACKS UNIFORM & EQPT UNIFORM 96.65 58 JERRY'S CHEVROLET BUICK GMC HOSE 117.17  59 JOHN A CONKLING DIST. MERCHANDISE 2,886.65 60 JOHNSEN HEATING & COOLING REPAIRS 547.35 61 JOHNSON BROTHERS OF SD MERCHANDISE 13,243.39 62 JOHNSON CONTROLS SERVICE AGREEMENT 4,444.35 63 JONES FOOD CENTER SUPPLIES 295.44 64 JOSH ANGLIN SERVICE VEHICLES/REPAIRS 4,625.00 65 K & M TIRE TIRES 442.28 66 KALINS INDOOR COMFORT DIAGNOSTIC 99.00 67 LEVEL UP BUILDERS LLC REFUND TAP & ELEC POWER FEES 1,254.26 68 LOCATORS AND SUPPLIES, INC MARKING PAINT 736.98 69 MART BROTHERS CONSTRUCTION REFUND TAP/ELEC POWER FEES 1,024.26 70 MARTINSON CONSTRUCTION UNIVERSITY STREET 7,711.20 71 MATHESON TRI-GAS, INC CYLINDER RENTAL 576.53 72 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 422.67 73 MIDCONTINENT COMMUNICATIONS CABLE/INTERNET/TELEPHONE 329.99 74 MIDWEST ALARM CO ANNUAL FIRE ALARM TESTING 811.98 75 MOBOTREX MOBILITY & TRAFFIC EXPERTS REPAIRS 212.85 76 NEBRASKA JOURNAL-LEADER ADVERTISING 35.95 77 NETSYS+ FORTINET WIRELESS ACCESS POINT 2,512.50 78 NEW CENTURY FS FUEL 21,800.47 79 NURSERY WHOLESALERS INC PURPLE LILAC 413.85 80 ODEYS INC FIELD BASE SETS 436.75 81 O'REILLY AUTO PARTS PARTS 65.87 82 PCC, INC COMMISSION 3,076.01 83 PEPSI COLA OF SIOUXLAND MERCHANDISE 2,585.40 84 PING/KARSTEN MFG CORP MERCHANDISE 738.35 85 PIZZA RANCH PIZZA 444.24 86 POMPS TIRE SERVICE, INC. REPAIRS 623.47 87 POWERDMS, INC SUBSCRIPTION 2,809.00 88 PRESTO-X-COMPANY INSPECTION/TREATMENT 160.78 89 QUADIENT FINANCE USA, INC POSTAGE FOR METER 400.00 90 QUADIENT LEASING USA, INC POSTAGE METER LEASE PAYMENT 234.24 91 QUILL UPS BATTERY 253.64 92 REAMS SPRINKLER SUPPLY PART 31.17 93 REDI TOWING TOWING 150.00 94 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE 7,244.26 95 RESCO TRANSFORMERS 131,619.00 96 RUNNING SUPPLY, LLC SUPPLIES 1,195.01 97 SANFORD HEALTH MEDICAL SUPPLIES 198.74 98 SANFORD HEALTH OCCUPATIONAL MEDICINE TESTING 401.00 99 SD GOLF ASSOCIATION HANDICAP 3,552.00 100 SD POLICE CHIEFS ASSOCIATION TESTING MATERIALS 490.00 101 SECURITY SHREDDING SERVICES SHREDDING 40.00 102 SIDESHOW BLOODY MARY MIX MERCHANDISE 322.20 103 SIOUXLAND HUMANE SOCIETY FEES 74.00 104 SMARTSIGHTS SUBSCRIPTION 1,450.00 105 SOUTHERN GLAZER'S OF SD MERCHANDISE 5,198.76 106 STATE URBAN SEARCH & RESCUE ALLIANCE MEMBERSHIP 99.00 107 STEFFEN TRUCK EQUIPMENT CAB SHIELD 1,186.00 108 STEWART OIL-TIRE CO REPAIRS 1,896.86 109 STOCKTON TOWING INC TOWING 480.00 110 STRYKER SALES CORPORATION PARTS 904.80 111 STUART C. IRBY CO. COMPRESSION 128.75 112 THE LUMBERYARD LLC ROOFING FELT 149.95 113 TITLEIST-ACUSHNET COMPANY MERCHANDISE 970.60 114 TOPKOTE INC CHIP SEALING 147,797.20 115 TRUCK TRAILER SALES & SERVICE, INC HOSE 110.25 116 TRUE BRANDS MERCHANDISE 508.89 117 TURNER PLUMBING REPAIRS 1,057.10 118 TYLER TECHNOLOGIES PROFESSIONAL SERVICES 320.00 119 UNITED PARCEL SERVICE SHIPPING 114.08 120 USPS-POC POSTAGE FOR METER 700.00 121 VERMEER HIGH PLAINS LONG RANGE TRANSMITTER 4,117.14 122 VERMILLION ACE HARDWARE SUPPLIES 2,480.11 123 VERMILLION BASEBALL ASSOCIATION STATE VFW TOURNAMENT STAFFING 600.00 124 VERMILLION FOOD PANTRY CONTRIBUTION 10,000.00 125 WESCO DISTRIBUTION, INC METER SOCKET 1,019.00 126 ZIEGLER INC PARTS 2,905.84 GRAND TOTAL $1,115,081.68